On the dismissal of the Chris McDaniel challenge in Mississippi

posted at 8:31 am on August 30, 2014 by Jazz Shaw

The news came out yesterday afternoon that yet another blow had been dealt to Chris McDaniel’s ongoing challenge to his runoff election against Thad Cochran. The ruling seemed to bear very little – if any – relevance to questions about voting improprieties at the ballot box, and everything to do with some paperwork.

A Mississippi judge has tossed out state Sen. Chris McDaniel’s challenge to that state’s June 24 GOP primary runoff results, ending another chapter in one of the most bitterly contested U.S. Senate primaries in recent memory and bringing longtime Sen. Thad Cochran one step closer to another term in Washington.

Special Judge Hollis McGehee ruled that McDaniel waited too long to file his challenge with state Republican Party. McDaniel filed the challenge 41 days after the election; McGehee said that under state law the challenge had to be filed within 20 days.

Was he bought off? True conservatives and supporters of Chris McDaniel had high hopes when the state supreme court named Judge Hollis McGehee to oversee the court challenge. And judging from his remarks during the case’s first hearing, he seemed to be an honest judge interested in doing what was right. Being a minister and man of God, how could we have expected any less from him? He indicated his intention to decide the case based on the will of the voters and that even if Cochran were elected in November he had the power to unseat him if he were not the legitimate nominee.

Truth be told, you’d be handing even the most even handed judge a tough job in finding in McDaniel’s favor if the opposition opened up with a claim that state law demanded a challenge be filed within 20 days and you’d not done it until more than twice that time had passed. Of course, this is another area where both Team McDaniel and some of his supporters around the country have disagreed. It seems that the law in question is worded in a way which could be interpreted as only applying to county election challenges. But the Cochran team immediately countered by citing a 1959 state supreme court decision arguing to the contrary.

The section of state law on county election challenges says the first step, filing a case with the party’s executive committee, must be done within 20 days of the election. A following section on statewide and district challenges does not contain the deadline language.

But the high court in its 1959 ruling on a Democratic district attorney primary said the code sections were part of a single act passed by the Legislature. It ruled that it would “be senseless” to assume that deadline, aimed to keep general elections on track, would not apply to races for all other offices.

The court said the two sections are “in pari materia,” which I believe is Latin for, look at the whole thing together, dummy.

Give how quickly the clock is running out and the lack of any substantive support in the courts thus far, it’s hard to see where McDaniel goes from here, short of finding a way to appeal directly to the US Supreme Court. And once there, it’s not entirely clear what the new argument would be or how Mississippi would proceed even if SCOTUS found in McDaniel’s favor. Would there be yet another election? And if so, they would have to determine who would be eligible to vote in it, given that the main crux of the argument at this stage is based on residents illegally voting in both the original Democrat primary and then a second time in the runoff. The other option is to simply declare McDaniel the winner absent another vote, but I’ve yet to find anyone citing a precedent in Mississippi for such a move.

McDaniel is supposed to make an announcement about the next steps – if any – next week. But it’s really looking like the available options may have been exhausted.

This was dirty politics of the highest degree. Cochran’s team knew it would catch McDaniel off-guard. They weren’t prepared for it and who can blame them? Nobody would be prepared for it when the polls showed McDaniel with a decent lead.

From the anger and outrage that’s still bubbling over from it, it won’t be forgotten for a long time. That election may go down in conservative history as the one where the GOPe became the Whigs.

I saw someone a few days ago use that. I think all conservatives/Tea Party types should switch from calling them establishment or GOPe ot the Whig Party everywhere in the blogoshere. I think it would be hard for them to miss the slap in the face.

Thank god. Now we can focus on actually winning the senate instead of some ridiculous fight that should have been over months ago.

vegconservative on August 30, 2014 at 8:42 AM

I doubt your bona fides, with a name like that. I am glad the literal rule of law was upheld as McDaniel’s legal team should be horse whipped through Mississippi for the filing blunder. However, that there was a stolen election goes un-refuted. MS GOPe is shown to be as corrupt and venal as the Democrat party.

“Thank god. Now we can focus on actually winning the senate instead of some ridiculous fight that should have been over months ago.

vegconservative on August 30, 2014 at 8:42 AM”

Since the republican establishment fatheads got away with this time. Now the fatheads are embolden and look for more of this occurring in future elections cycles when they decide to knock our candidates.

It was better to deal with it now rather sweep it under the rug or play “kick the can”.

You seem to think, veg, that the same voters who gave Cochran the primary will vote for him in the general. Since the brilliant move to pander to racialisy dems who won’t vote for Cochran in Nov, he may lose to the dem.

There is no excuse for McDaniel to have blown the statute. It’s an election challenge for Pete’s sake! Everyone knows you have to file those quickly so they can be decided fast enough that they don’t disrupt the function of government. Yes, McDaniel succeeded in “tainting” Cochran’s win, but who cares? Cochran is unlikely to run again and when that seat comes up again, all will be forgotten & Haley Barbour’s chosen successor will slide right in.

Per the reports elsewhere, he waited 41 days after the 20 day deadline.

61 days to contest primary election results instead of the required 20. Even if it was 41, you can’t wait that long. Would they even have time after the challenge to get the election ballots done? The Judge had no choice. If McDaniels team couldn’t do better, he wasn’t ready for prime time.

Mostly, I am glad Mississippi, for all its faults, does not allow a sore loser to run a write in campaign. It’s a slap in the face to see Lisa Murkowski in the Senate.

But I kinda wish an exception could be made in this case.

That said, Chris McDaniel should broadcast far and wide his legal team with a disclaimer against ever using these yahoos.

I wouldn’t advise any Mississippi voters to necessarily vote for the D here, but if I were registered to vote in Mississippi, I would probably either vote for the L if there is one, or just simply withhold my vote for the Senate race.

Here’s to hoping every McDaniel voter stays home or votes for the Dem.

MistyLane on August 30, 2014 at 9:04 AM

It would serve Haley Barbour’s corrupt little machine right if the Dems won. That would shock the establishment and lay the blame at their own feet in Miss. Otherwise, if Cochran wins, it confirms to them that this underhanded tactic works. The conservatives will suck it up and get in step.

I doubt your bona fides, with a name like that. I am glad the literal rule of law was upheld as McDaniel’s legal team should be horse whipped through Mississippi for the filing blunder. However, that there was a stolen election goes un-refuted. MS GOPe is shown to be as corrupt and venal as the Democrat party.

Gebirgsjager on August 30, 2014 at 8:53 AM

Well for one I haven’t been veg for over two years now, but my dietary choices shouldn’t affect your opinion of the honesty of my political views.

Just went to your twitter feed. It’s seems you put party above all else, including country. Mmmm … how yummy is the Whig Koolaide?

UnstChem on August 30, 2014 at 9:01 AM

I thought my twitter feed showed that I put craft beer above all else, but if you were able to read more into it than that, more power to you. FWIW, my loyalty is to certain ideals more than anything else. Promoting a party that stands for most of my ideals has always felt like a more successful form of advocacy for those ideals than thwarting that party at every move, serving only that party’s opposition, who promotes an ideology I almost entirely disagree with. Politics is the art of the possible, and the perfect is the enemy of the good enough. I’d rather the Overton window be moved incrementally toward my ideals than to take a buzzsaw, rip it out of the wall, and chuck it across the room.

We dodged a bullet. McDaniel’s total incompetence during the entire post-election period shows he would have been as bad a disaster if not worse than Cochran. Even beyond the matter of the deadline for filing, McDaniel’s challenge sought to throw out the votes of many prominent Republicans including his own campaign spokesman and the MS Secretary of State by absurdly claiming they were actually registered Democrats. The entire challenge was ridiculous from start to finish.

Thank god. Now we can focus on actually winning the senate instead of some ridiculous fight that should have been over months ago.

vegconservative on August 30, 2014 at 8:42 AM

Not so fast vegconservative. Before you begin gloating, remember that the skirmishing isn’t quite over yet. Read what MistyLane writes:

Here’s to hoping every McDaniel voter stays home or votes for the Dem.

MistyLane on August 30, 2014 at 9:04 AM

My sentiments exactly. I for one would like to send Boss Hoggs and his supporters a message. And I doubt that I’m alone in this. Now for a little context: I consider myself a moderate, rational conservative. I would certainly have voted for Cochran with no qualms if he’d won the fight fairly. This situation is different, though. I won’t support cheating corruptocrats who play tricks on conservatives and foul up the election process.

When John Conyers failed to get enough valid signatures he was booted off the ballot, and then a judge deemed that was unconstitutional, so anything is still possible for McDaniel. Voter fraud should not prevail under any circumstance.

McDaniel was a good candidate who has ruined in political future. He should have bowed gracefully and supported the winner

He will never have any serious backers now. Shame.

Redford on August 30, 2014 at 10:42 AM

Agreed completely. I supported McDaniel in the primary, but he’s entered Al Gore territory. After the 2000 election, Gore’s political future was forever because he just wasn’t willing to accept that he lost. I suspect the same will happen to McDaniel. If he did was John Thune did after he lost to Tim Johnson in the general election in 2002, McDaniel would have been the odds-on favorite.

If you can’t even follow a simple procedural step as filing a challenge in time, then you should just move on and realize that the longer this process goes on, the worse and more incompetent it’s going to make you and your team look.

Agreed completely. I supported McDaniel in the primary, but he’s entered Al Gore territory. After the 2000 election, Gore’s political future was forever ruined because he just wasn’t willing to accept that he lost. I suspect the same will happen to McDaniel. If he did waswhat John Thune did after he lost to Tim Johnson in the general election in 2002, McDaniel would have been the odds-on favorite.

If you can’t even follow a simple procedural step as filing a challenge in time, then you should just move on and realize that the longer this process goes on, the worse and more incompetent it’s going to make you and your team look.

Chris McDaniel was never going to be a candidate for Haley Barbour. Haley will only accept puppets with strings he controls. The MSGOP is in shambles. Haley may have won the battle and lost the war. Time will tell.

The state legislature rewrote election law after the 1959 decision and specifically excluded the 20 day deadline. The secretary of state said three days ago that the 20 day deadline was not there. There were cases decided recently that were 36 days late. How come every one of those weren’t thrown out?

Would much rather have seen McDaniel win this thing; Cochran is an a$$, and his people are a$$es, and the GOPe are consumate a$$es and needed to have their faces rubbed in this.

That said, allowing the deadline to pass was just a stupid move, and I suspect any appeals court, including the SC, would simply look at them with an eyebrow raised and a response of ‘really?’ There’s no way they’d even entertain the merits if you can’t even meet the damned deadline for filing.

The state legislature rewrote election law after the 1959 decision and specifically excluded the 20 day deadline. The secretary of state said three days ago that the 20 day deadline was not there. There were cases decided recently that were 36 days late. How come every one of those weren’t thrown out?

I saw someone a few days ago use that. I think all conservatives/Tea Party types should switch from calling them establishment or GOPe ot the Whig Party everywhere in the blogoshere. I think it would be hard for them to miss the slap in the face.

UnstChem on August 30, 2014 at 8:50 AM

The GOP already is the Whig party.

Towards the end of its life, the northern and southern branches of the Whigs both worked to sabotage each others’ candidates once the slavery issue divided the party. Southern Whigs refused to vote for Northern Whigs and vice versa. The EXACT same thing is happening here, it’s just that it’s every issue and not just one this time.

The GOP is done, over with, kaput. The faster the party collapses, the faster a real opposition can be built.

I’m gonna vote for Thad. I’ll be writing him for every elected position from School Board Chair to POTUS. The GOP has spoken. Their platform of more pork, more food stamps and more race baiting works for me. Go Thad! Go!!

Cochran’s reply brief misrepresents when the changes in 23-15-923 were made and how they were characterized to the DOJ in 1986.

I noticed in the reply brief that Cochran’s people missed when the actual rewriting of 23-15-923 took place. They claim, correctly, that 23-15-923 was adopted in 1986 with minor changes from the old section 3144, and noted that the DOJ was told in 1986 that the changes were minor.

So they were. But 1986 isn’t when the important changes to 23-15-923 were made. 1988 is when the crucial changes were made.

In 1988. the legislature rewrote 23-15-923 to transport several critical phrases from 23-15-921 to 23-15-923. In fact, with the 1988 rewriting, there was nothing said in 921 that wasn’t repeated, with suitable modifications, in 923.

Except the deadline. When the legislature was reformulating 923 so that it would stand on its own, it didn’t insert the deadline that appeared in 921.

Before 1988, the two statutes (either 3143 and 4 or 23-15-921 and 923) had to be read together in order to make sense of the provisions in 3144 or 923.

After 1988, that wasn’t the case, due to the copying of the necessary provisions from 921 to 923.
Except for the deadline.

Either the legislature made a mistake, and merely failed to copy the deadline along with every single other matter that the legislature did copy, OR the legislature didn’t copy the deadline into 923 because it didn’t intend for the 20 day deadline to apply to 923.

And this case argued before the MS Supreme Court. No one said anything about a mystical nonexistant deadline:

So, vote for the Democrat. Too bad about not taking the Senate this year, but the Tea Party needs to punish GOPe anti-Tea Party dirty politics. It’s that, or admit the Tea Party is just another captive Republican constituency.

So, vote for the Democrat. Too bad about not taking the Senate this year, but the Tea Party needs to punish GOPe anti-Tea Party dirty politics. It’s that, or admit the Tea Party is just another captive Republican constituency.

2016 and 2018 will come.

PersonFromPorlock on August 30, 2014 at 12:22 PM

Your comment doesn’t make any sense. Punish the GOP? What did the rest of do to deserve Democrats who are hell bent on destroying the foundation of our country. GOP is not.

This blunder can be laid at the feet of McDaniel’s legal team. If there is any question about the filing deadline, you either meet the earliest deadline or get a request for a declaratory judgment and a motion to toll the running of the statutory time limit before you reach that deadline.

It’s just inconceivable that competent attorneys either didn’t know about this ruling that creates ambiguity or did and ignored it.

Haley Barbour’s corrupt crew will continue the federal tax dollar gravy train to Mississippi. Nothing will be done by any law enforcement agency about the criminal actions of the Cochran campaign, and no action will be taken by the national Republicans against one of their own, a reliable recycler of tax dollars into Republican political coffers.

But the party’s conservative and TEA Party base will not forget what happened in Mississippi. The scum who control the Republican Party may have won this election but they will lose the war for control of the party.

This was dirty politics of the highest degree. Cochran’s team knew it would catch McDaniel off-guard. They weren’t prepared for it and who can blame them? Nobody would be prepared for it when the polls showed McDaniel with a decent lead.

UnstChem on August 30, 2014 at 8:50 AM

I can.
Candidates and their teams should always be prepared for any sort of dirty politics: that’s a fact of life.
Polls are only used to indicate how much dirt needs to be shoveled out to throw the election one way or the other.

And, why would a special judge appointed by the SCOM not know the new law? You know, since this is first time a state wide election has been challenged? hmmm

d1carter on August 30, 2014 at 12:36 PM

It’s the lawyers’ job to find ALL relevant laws or statutes, and on-point precedents, and then PRESENT those to the judge.
If you get a judge (even a specialist) who actually does manage to keep up with the gazillions of laws passed annually in the US federal and state legislatures, plus all the regulatory changes and additions, that’s just pure luck.

This blunder can be laid at the feet of McDaniel’s legal team. If there is any question about the filing deadline, you either meet the earliest deadline or get a request for a declaratory judgment and a motion to toll the running of the statutory time limit before you reach that deadline.

It’s just inconceivable that competent attorneys either didn’t know about this ruling that creates ambiguity or did and ignored it.

novaculus on August 30, 2014 at 12:49 PM

Not inconceivable; stupidity, like complacency, is strong even among high-priced lawyers.
Incompetent, for sure.
Or…
Bought off? That would be the Grisham solution, I think.

Your comment doesn’t make any sense. Punish the GOP? What did the rest of do to deserve Democrats who are hell bent on destroying the foundation of our country. GOP is not.

Redford

Talk about irony, lol. The GOP backed the Cochran campaign. The GOP said nothing critical about the despicable race-based tactics that were used by the Cochran camp against a fellow republican in this race. In fact, they APPLAUDED IT! How many GOP idiots ran around claiming this was a good thing because it shows the GOP can reach out to minorities?

Don’t be stupid your whole life. And I have a little newsflash for you….the GOP that is desperately trying to get amnesty passed ain’t trying to save the country. Neither is the GOP that allowed what happened in Mississippi to stand without so much as a negative word about it.

Your comment doesn’t make any sense. Punish the GOP? What did the rest of do to deserve Democrats who are hell bent on destroying the foundation of our country. GOP is not.

Redford

Talk about irony, lol. The GOP backed the Cochran campaign. The GOP said nothing critical about the despicable race-based tactics that were used by the Cochran camp against a fellow republican in this race. In fact, they APPLAUDED IT! How many GOP idiots ran around claiming this was a good thing because it shows the GOP can reach out to minorities?

Don’t be stupid your whole life. And I have a little newsflash for you….the GOP that is desperately trying to get amnesty passed ain’t trying to save the country. Neither is the GOP that allowed what happened in Mississippi to stand without so much as a negative word about it.

xblade on August 30, 2014 at 1:01 PM

So, what is your answer? We have a 2 party system that has worked forever. Leave the country? You plan to start a revolution to take over? You can’t just blame blame and pout without offering solutions.

So, what is your answer? We have a 2 party system that has worked forever. Leave the country? You plan to start a revolution to take over? You can’t just blame blame and pout without offering solutions.

Redford on August 30, 2014 at 1:33 PM

Fire a RINO or two this election and the survivors may decide to listen harder. What’s your solution?

So he can no longer challenge the results, fine. Is that any reason for the investigation to cease?

I’d still be interested in learning the extent of the wrong doings that (allegedly) took place regardless. But I’m sure this is something the GOP establishment would prefer to have swept und the carpet as quickly and quietly as possible.

It’s amazing the establishment can learn enough from the left’s tactics to screw over it’s more conservative base, but not enough to thwart the progression of their agenda.

So, what is your answer? We have a 2 party system that has worked forever. Leave the country? You plan to start a revolution to take over? You can’t just blame blame and pout without offering solutions.

Redford on August 30, 2014 at 1:33 PM

Fire a RINO or two this election and the survivors may decide to listen harder. What’s your solution?

PersonFromPorlock on August 30, 2014 at 1:55 PM

Elect as many Republicans as possible just as the 2006 Dems were able to do. Liberal, moderate, conservative..it doesn’t matter elect them.

The country is not right wing. If we don’t win this term, then it’s over. Dems will rule forever and a Republican will never win the WH. Demos are changing rapidly. It doesn’t help that the Dem prez nominee starts out with 160 plus electoral votes before the first vote.

Elect as many Republicans as possible just as the 2006 Dems were able to do. Liberal, moderate, conservative..it doesn’t matter elect them.

The country is not right wing. If we don’t win this term, then it’s over. Dems will rule forever and a Republican will never win the WH. Demos are changing rapidly. It doesn’t help that the Dem prez nominee starts out with 160 plus electoral votes before the first vote.

Redford on August 30, 2014 at 2:31 PM

Stop with the hyperbole. Unless you have a crystal ball you can’t and don’t know that. Remember the permanent GOP majority statements in 2004? Or the 40 year democrat majority in 2008?

The only thing certain in politics is that things change. Just like the GOP needs to stop being the “ME-TOO!” party in politics.

Conservatives started staying home in 2006. Our numbers will only continue to grow in every election. Only a brain dead, self loathing, fool or a corrupt “Bought and Paid For” cretin would continue to vote for the corrupt Bush Mafia.

And this case argued before the MS Supreme Court. No one said anything about a mystical nonexistant deadline:

Phil Gunn vs Jeppie Barbour -> 34 days

NWConservative on August 30, 2014 at 12:13 PM

I just looked up that particular court case and read the decision. That statute with no deadline only applies in a situation where the party executive committee fails to meet promptly — in that particular case the committee set the hearing for a month after the complaint was filed. Indeed, the court specifically said that was the only reason they were able to hear the case at all. If the party does meet and make a decision promptly, that statute does not apply.

Even if you want to argue that this statute does apply in the McDaniel case, in 2012 it was changed to have a 10 day deadline after the party makes its decision, which McDaniel also missed.

Here’s the answer. Make Mitch McConnell and the NRSC pay for their dirty tricks. Vote for Grimes in Kentucky and deny the GOP the Senate. Then tell them that if they play nice with us, we will play nice with them. If they don’t we will keep picking them off.

What difference does it really make if the Republicans have 50 or 51 Senators. Nothing will get passed either way.

If Conservatives and the TEA Party want to have any influence in 2016, they need to take a club to the RNC and the NRSC. The best club I can think of is unelecting McConnell for his role in Mississippi.

Truth be told, you’d be handing even the most even handed judge a tough job in finding in McDaniel’s favor if the opposition opened up with a claim that state law demanded a challenge be filed within 20 days and you’d not done it until more than twice that time had passed.

How strange … With both Jazz and all his herd, all I hear is,

“BAAAAA BAA baa BAAAAHHH baaaaaaaaa”

Since Jazz is the weekend editor, it is likely he’s corrupt enough to write something intentionally FALSE because he didn’t present a single countering fact regarding WHY the 20 day limit was impossible from the outset.

From June 29th on till they were FORCED by local outcry or legal direction, the bulk of the public officials BLOCKED ALL ACCESS in key districts to the information required for the challenge. In most of those districts, access was not provided until AFTER the 20 days had passed.

Now, how would the rest of the herd like to plead?

1) We KNEW this but we have NO MORALS and like to publicly LIE.

2) We didn’t KNOW this but until someone (anyone?) in the media TELLS us something we don’t know WHAT to think.

3) “What you talking about, Willis?”

4) The GOPeNazi Party MUST win the Senate regardless of HOW it is accomplished so we can move on to the glorious future of open borders and unrestricted immigration!!!

By the way, the herd includes PAID GOPe SHILLS who joined during the last open registration.

I wonder WHY so MANY GOPe “The Party is ALWAYS right” supporters just happened to join during a SECOND registration that occurred VERY SOON after the first open registration period in almost TWO years.

(Hint: The elites in D.C. believe you are stupid enough to fall into one of the four choices above [note: they don’t overlap very much do they?] and therefore they can in 2015 move forward with the Chamber of Commerce/GOPe Donor Class agenda.)

Great post.I just tried to add in a few tidbits since I have been researching this case for months and dug through the net of a half hour, got it all together and was proofreading it when it disappeared here at HA. I was very surprised. But at least yours got through.

Elect as many Republicans as possible just as the 2006 Dems were able to do. Liberal, moderate, conservative..it doesn’t matter elect them.

The country is not right wing. If we don’t win this term, then it’s over. Dems will rule forever and a Republican will never win the WH. Demos are changing rapidly. It doesn’t help that the Dem prez nominee starts out with 160 plus electoral votes before the first vote.

Redford on August 30, 2014 at 2:31 PM

Stop with the hyperbole. Unless you have a crystal ball you can’t and don’t know that. Remember the permanent GOP majority statements in 2004? Or the 40 year democrat majority in 2008?

The only thing certain in politics is that things change. Just like the GOP needs to stop being the “ME-TOO!” party in politics.

NWConservative on August 30, 2014 at 3:04 PM

No hyperbole here…just stating facts. Obama was reelected by a electoral landslide. Yes things are changing…more liberal ..more Dem voters and the huge majority of voters are uninformed. Getting worse by the day

I actually don’t give a crap if the Whig (R)’s retake the Senate. It will be same old status quo, except for Turtleneck changing the rules back to pre “nuclear option”, to give the Dims the filibuster advantage again.

The only other difference will be the Whigs, IF they win the Senate, WILL actually be stupid enough to do amnesty. And if they do, I will NEVER vote for ANYONE with an (R) next to their name ever again.